Arkin v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Tenth District. Action by Louis Arkin against the Interborough Rapid Transit Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtGildersleeve, J.
The plaintiff, while a passenger on defendant’s elevated railroad, was assaulted and thrown off the car by the defendant’s guard. There is abundant evidence to sustain the finding of the jury in favor of the plaintiff, and the amount of the damages is not excessive. The only question to be considered is the jurisdiction of the Municipal Court.
The Municipal Court has no jurisdiction over actions to recover damages for an assault and battery. Municipal Court Act, Laws 1902, p. 1489, c. 580, § 1, subd. 14. In the case at bar the guard first wrongfully pushed the plaintiff into the car, then…
Also in this document: Concurrence.
2Cases cited3 opinions
- Hart v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Hart v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Busch v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1905